In general the community is not allowed to redeem captives for more than their value since it will put a strain on the community and also lead to increased kidnapping (gittin 45b). Based on the second reason, even a husband should not spend more than the market value of his wife, but Tosafos explains that it is allowed just as he can redeem himself for all his money because "ishto k'gufo". Since he is allowed to do so, according to the first opinion in the braisa he is required to spend everything he has to redeem her because that is his obligation of the tnai kesuba.
Tosafos in gittin (45a and 58a) discuss the situation where R' Yishmael Ben Elisha was redeemed from captivity for an enormous amount of money, How was that allowed to be done? Tosafos gives 3 answers. 1. He was exceptionally bright so that was an exception. 2. It was Pikuach Nefesh, since he would have been killed. 3. During the time of the churban there was no issue of causing more kidnappings (presumably because they were doing as many as they could anyway).
What is the peshat in the answer of "he was exceptionally bright"? Does it mean that since he will be able to contribute to klal yisroel we break the rules and redeem him for high values, or does it mean that his value becomes much higher since he will eventually contribute enormously to klal yisroel?
1 comment:
i think he is an exception to the rule and therefore wont effect the rule.
you lawyer comment, by the way, was the same direction rav elyashiv took (although i didn't look carefully).
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